Article 323A, inserted into the Constitution by the 42nd Amendment Act, 1976, is a significant provision empowering Parliament to establish administrative tribunals. This article is part of Part XIVA of the Constitution, which deals with Tribunals. Its primary objective is to provide for the speedy and effective adjudication of disputes concerning the recruitment and conditions of service of persons appointed to public services and posts, thereby reducing the burden on conventional courts.
This constitutional provision forms the basis for the establishment of administrative tribunals, both at the central and state levels, to deal with service matters, creating a specialized adjudicatory mechanism distinct from the regular judicial system.
Original Text
323A. Administrative tribunals.—
(1) Parliament may, by law, provide for the adjudication or trial by administrative tribunals of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India or of any corporation owned or controlled by the Government.
(2) A law made under clause (1) may—
(a) provide for the establishment of an administrative tribunal for the Union and a separate administrative tribunal for each State or for two or more States;
(b) specify the jurisdiction, powers (including the power to punish for contempt) and authority which may be exercised by each of the said tribunals;
(c) provide for the procedure (including provisions as to limitation and rules of evidence) to be followed by the said tribunals;
(d) exclude the jurisdiction of all courts, except the jurisdiction of the Supreme Court under article 136, with respect to the disputes or complaints referred to in clause (1);
(e) provide for the transfer to each such administrative tribunal of any cases pending before any court or other authority immediately before the establishment of such tribunal as would have been within the jurisdiction of such tribunal if the causes of action on which such suits or proceedings are based had arisen after such establishment;
(f) repeal or amend any order made by the President under clause (3) of article 371D;
(g) contain such supplemental, incidental and consequential provisions (including provisions as to fees) as Parliament may deem necessary for the effective functioning of, and for the speedy disposal of cases by, and the enforcement of the orders of, such tribunals.
(3) The provisions of this article shall have effect notwithstanding anything in any other provision of this Constitution or in any other law for the time being in force.
Detailed Explanation
Article 323A provides the constitutional framework for the creation of administrative tribunals in India.
- Clause (1): This is the enabling clause. It grants Parliament the exclusive power to enact a law establishing administrative tribunals. These tribunals are designed to handle specific types of disputes: those related to the recruitment and conditions of service of individuals working in public services and posts. The scope of these services and posts is broad, covering those under the Union, States, local authorities, other authorities within India, under government control, or within government-owned/controlled corporations.
- Clause (2): This clause outlines the potential contents of a law made by Parliament under Clause (1). It gives Parliament wide discretion in designing the structure, powers, and procedure of these tribunals.
- (a) Parliament can establish a single administrative tribunal for the Union (which led to the Central Administrative Tribunal or CAT) and separate ones for each State or joint tribunals for multiple States (leading to State Administrative Tribunals or SATs).
- (b) The law can define the specific areas (jurisdiction), authority, and powers (including the power to punish for contempt, similar to courts) that these tribunals will possess.
- (c) Parliament can lay down the procedural rules that the tribunals must follow, including provisions related to the time limits for filing cases (limitation) and rules of evidence.
- (d) This sub-clause originally allowed Parliament to exclude the jurisdiction of all courts over these service matters, except the jurisdiction of the Supreme Court under Article 136 (special leave to appeal). This sweeping exclusion was later modified by judicial interpretation.
- (e) The law can provide for the automatic transfer of relevant pending cases from existing courts or authorities to the newly established tribunals upon their creation.
- (f) It allows Parliament to repeal or amend specific orders made by the President under Article 371D, which dealt with special provisions for Andhra Pradesh regarding public employment and education, and also envisaged administrative tribunals for the state.
- (g) Parliament can include any other necessary provisions in the law to ensure the effective functioning, speedy disposal of cases, and enforcement of orders by these tribunals.
- Clause (3): This is an overriding clause. It declares that the provisions of Article 323A will prevail over any other conflicting provision in the Constitution or any other existing law. This highlights the special constitutional importance and standing given to the mechanism of administrative tribunals established under this article.
Detailed Notes
- Constitutional Origin: Inserted by the Constitution (Forty-second Amendment) Act, 1976.
- Part of Constitution: Part XIVA (Tribunals).
- Subject Matter: Adjudication of disputes and complaints related to recruitment and conditions of service.
- Scope of Services: Applies to persons appointed to public services and posts in connection with affairs of:
- The Union
- Any State
- Any local or other authority within India’s territory
- Any authority under the control of the Government of India
- Any corporation owned or controlled by the Government.
- Enabling Power: Grants Parliament (not State Legislatures, except as provided by Parliament’s law under 323A(1)) the power to make laws for establishing tribunals.
- Tribunal Structure: Law made by Parliament may provide for:
- An administrative tribunal for the Union (e.g., CAT).
- Separate administrative tribunals for each State or for two or more States (e.g., SATs).
- Scope of Parliament’s Law: The law enacted by Parliament under Article 323A can specify:
- Jurisdiction of tribunals.
- Powers of tribunals (including contempt powers).
- Authority of tribunals.
- Procedure to be followed by tribunals (including limitation periods and rules of evidence).
- Transfer of pending cases from courts/authorities.
- Repeal/amend presidential orders under Article 371D.
- Supplemental, incidental, and consequential provisions.
- Jurisdiction Exclusion: Originally, Clause 2(d) allowed exclusion of jurisdiction of all courts except the Supreme Court under Article 136.
- Judicial Review: The power to exclude the jurisdiction of High Courts (under Articles 226 and 227) was challenged. The Supreme Court in the L. Chandra Kumar vs. Union of India (1997) case held that:
- Judicial review is a basic feature of the Constitution.
- The power of judicial review vested in the High Courts under Articles 226/227 and the Supreme Court under Article 32 is part of the basic structure.
- Clause 2(d) of Article 323A, to the extent it excludes the jurisdiction of High Courts under Articles 226 and 227, is unconstitutional.
- Therefore, decisions of administrative tribunals are subject to scrutiny by the Division Bench of the concerned High Court under Article 226/227, and subsequently by the Supreme Court under Article 136. Direct appeals from tribunals to the Supreme Court (skipping High Courts) were ruled out.
- Overriding Effect: Clause (3) gives Article 323A overriding effect over other constitutional provisions and laws for the time being in force, emphasizing its position as the foundational provision for administrative tribunals dealing with service matters.
- Basis for Legislation: Article 323A is the constitutional basis for the enactment of the Administrative Tribunals Act, 1985, which established the Central Administrative Tribunal (CAT) and provides for the establishment of State Administrative Tribunals (SATs).
- Distinction from 323B: Article 323B allows both Parliament and State Legislatures to establish tribunals for other specific matters (like taxation, land reforms, elections, etc.), whereas Article 323A is exclusively for service matters and the power to legislate rests with Parliament.
Additional Comments
- Article 323A was introduced during the Emergency period as part of extensive changes made by the 42nd Amendment Act, 1976, which aimed to strengthen the executive and limit the power of the judiciary in certain areas.
- The initial intent behind excluding judicial review by High Courts was to ensure speedy resolution and reduce the immense backlog of service cases in courts, but this was curtailed by the Supreme Court’s ruling in L. Chandra Kumar.
- The establishment of administrative tribunals under Article 323A represents a departure from the traditional judicial system, creating specialized bodies to handle specific types of disputes.
- While tribunals offer advantages like speed, expertise, and reduced cost compared to regular courts, concerns have been raised regarding their composition (often including non-judicial members), infrastructure, and independence.
- The Administrative Tribunals Act, 1985, enacted pursuant to Article 323A, is the principal law governing the structure, powers, and functioning of these tribunals for service matters.
Summary
Article 323A, inserted by the 42nd Amendment, empowers Parliament to establish administrative tribunals to adjudicate disputes concerning recruitment and service conditions of persons in public services and posts under the Union, States, local authorities, and other government-controlled entities. A law enacted under this article can provide for Union and State tribunals, define their jurisdiction, powers (including contempt), and procedure. Although originally intended to allow exclusion of jurisdiction of all courts except the Supreme Court under Article 136, the Supreme Court subsequently held that the power of judicial review of High Courts under Articles 226 and 227 over tribunal decisions cannot be excluded as it forms part of the basic structure of the Constitution. Article 323A has overriding effect and serves as the constitutional basis for laws like the Administrative Tribunals Act, 1985.